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Canada When the landlord can terminate at rent residue

12:10  07 april  2022
12:10  07 april  2022 Source:   finanzen.net

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A punctual payment of the rent is one of the most important obligations of a tenant. But even if it does not run financially so well and the rent can not be paid punctually, there are legal regulations that can prevent the worst.

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Fact is: tenants can not be thrown without further notice by termination from their home, because the Federal Court of Justice (BGH) has consciously highly stated the hurdles. But of course, the termination without notice is possible with a lack of rental payment.

Termination for rent arrears

When the landlord has the right to pronounce a termination without notice is regulated in § 543 (2) no. 3 BGB. Accordingly, a termination without notice may be pronounced if the tenant has not or not completely transferred the rent on two consecutive payment deadlines and thereby issues a sum higher than a monthly rent.

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Another way to pronounce a termination without notice is when a sum that is higher than two monthly rentals, which is for a period of time, which is longer than two payment dates. If the landlord renounces in these cases on a termination without notice, he can still pronounce a timely termination in accordance with § 573 BGB. In this case, however, the notice periods must be maintained.


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It is important that a termination must be made in writing in any case and no inventory will not be invented in court. In the termination then must be recorded what the reason for the termination without notice is.

What to do with rent arrears?

is located as a tenant in the backlog or threatens this, you should turn to his landlord as early as possible. Since the landlord is not obliged to terminate and the tenant can provide a valid reason, maybe a solution can be found with its own landlord. However, landlords are not obliged to grant or accept a solution to the tenant. So it is at the discretion of the landlord to accept a solution or pronounce notice.

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Even rental clubs can be a good point of contact with problems with the rent. Prerequisite for advice, however, is a membership.

job loss or salary cuts are probably the most common cause that tenants can no longer pay their monthly rent. In such a case, the rental debt can be taken over by the job center or social welfare office. But here, too, it is important to take care of it as early as possible because the processing times can vary.

Even if the possibilities mentioned in this paragraph are to balance his rent arrears, all feasible and practicable, tenants should also think about lending the missing amount of family or friends. If the renter has already received a termination without notice, this will be ineffective withdrawal. However, this only applies to tenants who have not received a termination without notice in the last two years. Because tenants who regularly comply with their rental obligations should not be protected by this scheme.Redaction Finanzen.net

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